How to Get an Annulment in Illinois

By
Roscich & Martell Law Firm, LLC
|April 06, 2018

An annulment, which Illinois calls “declaration of invalidity of
marriage,” is another way to end a marriage. Annulment is not the
same thing as
divorce. When your marriage is declared invalid, legally it is like the marriage
never happened. The court will declare your marriage invalid from the
date of the marriage. Declaration of invalidity may preclude you from
seeking maintenance. It also means there is no marital property to divide
between the two parties.

(However, in some cases the court will find “that the interests of
justice would be served by making the judgment not retroactive.”
In other words, the invalidity will not date back to the date of the marriage.)

Grounds for a Declaration of Invalidity of Marriage

There are four circumstances in which the court will declare a marriage invalid:

Either or both parties lacked the capacity to consent to the marriage when
the ceremony took place. For example, if the party was under the influence
of drugs or alcohol, that party can argue lack of consent. This situation
also includes parties who entered the marriage because of force, duress or fraud.

A party lacked the physical capacity to consummate the marriage when the
ceremony took place and the other party didn’t know about the incapacity.

Either or both parties were 16- or 17-years-old and did not have parental
consent or court approval.

The marriage is prohibited (like if one or both parties was already married
to someone else).

There are specific timeframes for seeking a declaration of invalidity,
and only certain parties may file the petition. An experienced attorney
can guide you through this process.

The Putative Spouse and Children

What if you did not know your marriage was invalid?

Under Illinois law, a person who has lived with another individual, and
who has gone through a marriage ceremony and believed that they were married,
is considered a putative spouse.

This is important because a putative spouse - someone who honestly believed
he or she was legally married - has the same rights as a legal spouse,
including the right to maintenance and certain marital property. However,
this can become complicated if there is a legal spouse or other putative
spouses in the picture.

Note that children born or adopted during an invalid marriage are considered
the lawful children of the parties.

Contact Us Today for Assistance

The dedicated
Naperville family law attorney at the Roscich & Martel Law Firm, LLC, are prepared to assist you
in petitioning for a declaration of invalidity of marriage. Contact us
today for a free consultation to determine whether your marriage qualifies
for the annulment process.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.